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Citizenship ruling: Turnbull on the defensive as Labor says disqualified ministers' decisions could be challenged

Prime Minister Malcolm Turnbull is fighting to protect his government, after losing two Cabinet ministers in yesterday's High Court ruling about MPs with dual citizenship.

Mr Turnbull has moved to shore up numbers on the crossbench, and has delayed any overseas trip after Deputy Prime Minister Barnaby Joyce and Nationals deputy leader Fiona Nash were among those disqualified from parliament, because they were dual citizens of New Zealand and Britain respectively.

Mr Joyce now faces a December 2 by-election in his New South Wales seat of New England, which he is widely expected to win after his arch-rival Tony Windsor pulled out.

"In my gut I thought this is the way it was going to go," he said in Tamworth.

The court also disqualified former Greens Senators Scott Ludlam and Larissa Waters and One Nation Senator Malcolm Roberts.

The 'Citizenship Seven'.

The Turnbull government needs to tread carefully, as its numbers will be temporarily reduced to 75 in the 150-seat parliament.

Independent Cathy McGowan yesterday indicated she would support the government against any vote of no-confidence and for supply, but gave no guarantees on bills.

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Labor deputy leader Tanya Plibersek said Mr Turnbull was "reckless" in allowing Mr Joyce and Senator Nash to retain their cabinet posts while the court decided their fate.

The opposition party has advice that decisions made by the two ministers and their colleague Senator Canavan since October 2016 could be challenged in court under section 64 of the constitution.

The section provides that "no minister of state shall hold office for a longer period than three months unless he is or becomes a senator or member of the House of Representatives".

Labor has also cited weekend penalty rates and a royal commission into the banking sector - two issues it lost by one vote previously - as issues it would pursue when the House of Representatives returns on November 27.

The one bright note for the government was the return of Nationals senator Matt Canavan to cabinet as resources minister after the court ruled he was not disqualified for election.

"The decision of the court today is clearly not the outcome we were hoping for but the business of government goes on," Mr Turnbull said yesterday.

Mr Joyce won't be returning to parliament before February next year, and Mr Turnbull has assumed his agriculture and water resources portfolio.

Cabinet minister Nigel Scullion has become interim parliamentary leader of the Nationals.

Senator Roberts will run as a candidate for the Queensland seat of Ipswich at the state election.

Section 44 of Australia's constitution bans anyone holding dual citizenship from sitting in parliament, in a section aimed at ensuring MPs do not hold split allegiances.

A parliamentary committee will examine whether the constitution needs to be changed, or electoral processes tweaked, in light of the court decision.